Who should file for the divorce first?

Answer

I won't even pretend to know the circumstances you are in, but if it has been a fairly good marriage in the past try for a separation first (live apart) just to be sure you really want this divorce. You both are hurt and angry right now, but unless there has been physical/mental abuse (that includes drugs and alcohol or constant cheating) then separate and give it a chance particularly if you have kids. I've seen a few of our own younger friends jump into divorce proceedings and find out after a few months they regret it. Sometimes it's too late to to go back to the marriage because the other person has already met someone else, but 1 of those young friends did remarry their mate.

If you are certain, than either you or your partner or both can file for divorce. Even if you just lived together both of you are entitled to half of everything and in some cases, even if property or a business was only in the name of one partner the other is entitled to a portion of it agreed by in the courts. A lawyer will help with this before you go to court.

First answer by Marcy. Last edit by Marcy. Contributor trust: 3724 [recommend contributor]. Question popularity: 23 [recommend question]